Federal judge rules that AI-generated art cannot be copyrighted

Katelynn Richardson
Daily Caller News Foundation

A federal judge ruled Friday that art produced by artificial intelligence without human input cannot be copyrighted.

District Court Judge for the District of Columbia beryl A. Howell agreed with the United States Copyright Office’s decision not to grant copyright protection to the owner of a computer system for system-generated art. Stephen Thaler, owner of a program called “Creativity Machine,” was denied copyright by the bureau for a work of visual art created by his system because it “lacked human authorship,” which Howell notes that it is “a basic requirement of copyright”.

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“[T]his case presents only the question of whether a work generated autonomously by a computer system is eligible for copyright,” Howell wrote. “In the absence of any human involvement in the creation of the work, the answer clear and direct is what the Register gives: No”.

While more complex questions did not arise in this case, Howell noted that “we are approaching new frontiers in copyright as artists put AI in their toolbox to use in the generation of new visual works and other arts”.

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“The increased attenuation of human creativity from the actual generation of the final work will raise challenging questions about how much human input is necessary to qualify the user of an AI system as the ‘author’ of ‘a generated work, the scope of protection obtained. on the resulting image, how to assess the originality of AI-generated works where systems may have been trained on unknown pre-existing works, how copyright can best be used author to incentivize creative works involving AI and more.”

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